The Public Buildings Act of 1959, as amended (Public Buildings Act) is
codified in 40 USC 601-619, Chapter 12--Construction, Alteration and
Acquisition of Public Buildings. Since originally enacted in 1959, three
statutes have significantly amended the Public Buildings Act: Public
Buildings Amendments of 1972 (P.L. 92-313; 86 Stat. 216), Public Buildings
Cooperative Use Act of 1976 (P.L. 94-541, 90 Stat 2505) and Public
Buildings Amendments of 1988 (P.L.100-678, 102 Stat
4049).

Section 601. Prohibition on construction of buildings
except by Administrator of General Services.

Provides that the Administrator shall be the officer of the Government
who shall construct public buildings, prohibits the construction of public
buildings except by the Administrator, and directs that such buildings be
constructed in accordance with Public Buildings Act.

Establishes policies for the Administrator in the acquisition and
management of space: (1) where practical acquire and utilize buildings of
historical, architectural or cultural significance (2) encourages
multiple-use of buildings by leasing or otherwise making available space
for commercial, cultural, education and recreational activities and (3)
directs and emphasizes need to work with local officials and groups, as
well as community leaders and the general public during the
process.

Section 602. Acquisition of buildings and their
sites.

Authorizes the Administrator to acquire by purchase, condemnation,
donation, exchange, or otherwise, any building and its site which he
determines to be necessary to carry out his duties under Public Buildings
Act.

Authorizes the Administrator to alter any public building and to
acquire in accordance with section 604 such land as may be necessary to
carry out such alteration. Congressional approval (section 606) not
required if alteration, including acquisition of land, does not exceed
$1,500,000.

Section 604. Sites.

Authorizes the Administrator to acquire by purchase, condemnation,
donation, exchange, or otherwise, necessary lands for use as sites or
addition to sites for public buildings authorized to be constructed or
altered . Requires the Administrator and Postmaster General to jointly
select the general location and specific site for public building to be
used in whole or part for postal purposes. When acquiring a site, the
Administrator may solicit by public advertisement.

Section 605.
Construction of new buildings.

When constructing a new building to replace an existing one, the
Administrator may demolish the existing building and use the same site or
exchange the existing building and site, or just the site for another
site, or sell the existing building and site in accordance with the 49
Act. Permits the Administrator to exchange for another or to sell in
accordance with 49 Act any site acquired for construction of building but
no longer suitable for purpose. Prohibits the use of a site unless
Congress approves (section 606).

Section 606. Approval of
proposed projects by Congress.

Requires the submission and Committee approval of a prospectus for a
proposed facility to be constructed, altered, purchased, acquired, or for
space to be leased if the total expenditure is in excess of $1.5 million
prior to an appropriation being made for the project. Also requires
submission and approval of a prospectus for any alteration of leased space
which exceeds $750,000. Contains criteria for prospectus submissions.

Permits the Administrator to proceed with an approved project, without
further committee approval, when the estimated maximum costs is increased
by reason of increased construction costs but does not exceed 10%.

Any approved project for which an appropriation has not been made
within one year after approval date may be rescinded by either
Committee(House or Senate) at any time prior to an appropriation actually
being made.

If declared necessary by President, permits Administrator the authority
to enter into 180 day emergency leases without submitting prospectus.

Prohibits the leasing of space to accommodate major computer
operations; secure or sensitive activities related to national defense or
security; or a permanent courtroom, judicial chamber, or administrative
office for any US court if the average cost exceeds $1.5M, unless the
Administrator determines space requirements cannot be met in public
buildings and submits reasons to Committees.

Subject to notifying committees, the Administrator may adjust threshold
dollar amounts referred to in sections 603 and 606 to reflect percentage
increases or decreases in construction costs as determined by the
composite index of construction costs prepared by the Department of
Commerce.

Section 607. Buildings and sites within District of
Columbia.

Requires that Public Buildings Act be carried out in harmony with Peter
Charles L'Enfant plan, permits closing of streets and alleys where
necessary, sets out specific consultation requirements regarding
acquisitions close to Capitol Hill.

Section 608. Authorization
for construction or alteration by contract.

Authorizes construction or alteration of public buildings by contract
whenever Administrator deems most advantageous.

Section 609.
Architectural or engineering services.

Permits Administrator the authority to contract for architectural or
engineering services for public buildings authorized to be constructed or
altered. Directs the Administrator responsibility for construction,
interpretation of contracts, settlement of contract, etc. (Intended to
insure that the Administrator not be able to contract away any of his
basic responsibility.)

Upon request, requires Administrator (and USPS) to report to Congress
on status of uncompleted projects and to make building project surveys
containing prospectus information.

Section 611. Continuing
investigation and survey of public buildings.

Requires the Administrator to continually investigate and survey the
public buildings needs and to identify existing buildings with historic,
architectural or cultural significance that are suitable to meet needs.
Requires the Administrator and various Federal agencies cooperate with
each other in carrying out purposes of Act.

Section 612.
Definitions.

Defines seven terms which are used throughout Public Buildings Act. One
of most important is that of "public buildings". Definition is explicit in
stating those buildings which are included as well as those
excluded.

Section 612a. Additional definitions.

Generally includes terms used in the Public Buildings Cooperative Use
Act of 1976 which amended the Public Buildings Act in order to preserve
buildings of historical or architectural significance through their use
for Federal public building purposes.

Section 613. Exemption of
certain public buildings projects.

Advises that Chapter 12 does not apply to the construction of certain
small public buildings projects--essentially those appropriated for in
1959 or lease-purchase project already under construction prior to
1959.

Section 614. Delegation of Authority.

Provides that the Administrator may delegate, upon request, authorities
under Chapter 12, to the appropriate executive agency where the estimated
cost of the project does not exceed $100,000 and such performance may be
delegated to the appropriate agency where the Administrator determines
that it will promote efficiency and economy.

Section 615.
Leasing of buildings by and for General Services Administration, authority
of Postal Service.

Preserves the leasing authority of both GSA and USPS and the authority
for improvement of public buildings through the postal modernization
fund.

Section 616. Dwight D. Eisenhower Memorial Bicentennial
Civic Center.

Provided for the development, construction, and maintenance of civic
center.

Section 617. State administration of criminal and
health and safety laws.

Allows the Administrator to relinquish to a State, or to a
commonwealth, territory or possession of the US all or part of the
authority of the United States to administer criminal and health and
safety laws.

Section 618. Special rules for leased
buildings.

Prohibits the Administrator making any agreement which will result in
the construction of any building which is to be constructed for lease to,
and for predominant use by, the US until the Administrator has established
detailed specification requirements for such building. May procure the
construction of any such building only by publicly soliciting competitive
bids. Each building shall be inspected in order to determine compliance
with specifications. Upon completion, the Administration shall determine
the extent, if any, of failure to comply. Any contract entered into shall
contain provision permitting the reduction of rent during any period when
the building is not in compliance.

Section 619. Compliance with
nationally recognized codes.

To the maximum extent feasible as determined by the Administrator,
buildings constructed or altered are required to meet nationally
recognized model codes and local zoning laws and other local requirements.
For purposes of meeting this provision, special rules providing for state
and local government consultation, review and inspections have been
established; however, no action or fines may be imposed against the US for
failure to meet any of the requirements. Applies to any project for
construction or alteration of a building for which funds are first
appropriated beginning after September 30, 1989. Shall not apply to any
building if Administrator determines application would adversely affect
national security.